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Franklin Guillermo Aisalla Molina (Ecuador-Colombia) Inter-State Petition IP-02 (Admissibility)

Inter-American Commission on Human Rights.  21 October 2010 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Scope and extent — Jurisdiction — Whether persons outside the territory of the State nevertheless within its jurisdiction — Military operation by forces of one State in the territory of another — Individuals brought within the control of agents of the former State — Whether treatment of those individuals subject to requirements of human rights law — American Convention on Human Rights, 1969

Human Rights — Scope and extent — International humanitarian law — Relationship with international human rights law — Whether mutually exclusive — Significance of international humanitarian law as lex specialis — American Convention on Human Rights, 1969

International tribunals — Inter-American Commission on Human Rights — Jurisdiction — Inter-State cases — American Convention on Human Rights, 1969, Article 45

Claims — Local remedies rule — Purpose of rule — Burden of proof — Respondent State bearing burden of proving effective remedies available — Human rights

War and armed conflict — Applicable law — Counter-terrorist military operation by forces of Colombia in territory of Ecuador — Whether human rights law applicable

Type
Case Report
Copyright
© Cambridge University Press 2012

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